Construction Of The Problem Against Repeated Prosecution System

Since the State and legal system has established, the relationship between statepower and individual rights has been the topic which the theoretical circles are veryconcerned about. Repeated Prosecution is the product of over-oppression rights, at thesame time, there hasn’t a perfect system to limit the expansion of state power in ourcountry and to ensure that the parties are in a balanced position. In foreign countries,the repeated prosecution system is established both in civil law countries and commonlaw countries. Therefore, it has already become a trend in establishing the system ofprohibiting repeated prosecution.This paper is divided into three chapters. Firstly, the author access to a largenumber of documents and analyze a large number of scholars who held differentacademic point of view, summarizing the concept of repeated prosecution, accordingto their own understanding of the repeated prosecution. Secondly, when researchingthe similarities and differences between the principle of idem and the principle of thedouble jeopardy, detail compared with the two principles of its own characteristicsand the repeated prosecution in our judicial system, and analyzed from differentperspectives and describes repeat the manifestations and characteristics of thebehavior of prosecution in criminal proceedings, and lay a good foundation for furthertheoretical research. At the same time, after a detailed study between the mainlandand common law principles and repeated prosecution theory in our country, dig outthe inherent behavior t characteristics of repeated prosecution. Finally, the Authortried to clarify the repeated prosecution throughout the criminal proceedings stage,thus revealing the repeated prosecution drawbacks, through a comprehensive analysisof the above questions and look forward to found the process to identify practicalsolutions about the scientific method of repeated prosecution.The second chapter is the analysis of the theoretical as the support points of Prohibition of repeated prosecution system. The Author put the issues of repeatedprosecution as a basis for all-round, multi-angle discussion, search for the theoreticalbasis for its existence, in order to find the theoretical foundation of prohibition ofrepeated prosecution system and find out the guide of this system.The third Chapter tells that the author build the core issue for the completevision of the system and develop the programs which could intense the constraintsforce of repeated prosecution. It clarified the beginning and ending of the proceeding,in order to make the constraints mode which is envisaged by the author fully appliedto the various aspects of the judicial proceedings and ensure the system could bereally used in our country. It also pointed out that the author’s opinion not onlyconform to the China’s national conditions, but also fully adapt to the requirements ofChina’s judicial system and conform to development trend of the world’s legal system.